Minutes of Meeting
June 12, 2008
To: Town Clerk
cc: CRWA
Members
File
Present: R. Willis, C. Botchis, A. Tolland, J. Senterman, J. Fournier, P. Murphy, Nick Alfieri, Conservation Agent
Absent: P. Boncek, M. Allen, Associate Member
There was a motion to accept the minutes of the May 8th meeting. The motion was seconded and accepted with a vote of 6-0-0.
There was a motion to accept the minutes of the May 29th meeting with a few changes. The motion was seconded and accepted with a vote of 3-0-3; 3 Yes, 0 No, 3 Abstentions.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
There was a motion to approve the funding of $449 for the annual dues for the MACC for 2009. The motion was seconded and accepted with a vote of 6-0-0.
Enforcement – 30 Jackson Circle
Mr. Alfieri informed the Commission that some illegal filling of wetlands has been taking place to convert backyard into a paved basketball court. This resulted in the paving of an area of 1,200 sq. ft. Mr. Alfieri requested that the Commission give him direction on how to proceed with Conservation permitting for this property. The contractor has placed the excavated material at the bottom of the slope and this has been pushed into the wetlands resource area and has resulted in an illegal filling.
Mr. Alfieri advised the homeowner to get siltation control in place and not to proceed any further until the Commission makes a decision on what type of permitting he must apply for.
The Commission Chairman stated that he would like Mr. Alfieri to send a letter to the contractor for the work requesting that they appear before the Commission regarding this violation at the next meeting. If the homeowner chooses to proceed with the work, he will be required to file either a Request for Determination or a Notice of Intent. The wetlands will need to be delineated on the site as well.
The Commission also stated that erosion control must be installed around the area that has been filled.
The Commission requested that Mr. Alfieri contact the homeowner and inform him that the Commission would like him to file a Notice of Intent. The Commission will conduct a site walk of the property on Tuesday, June 17th at 7:30 p.m.
There was a motion to request that a letter be sent to the contractor involved with the illegal filling of wetlands at 30 Jackson Circle requesting that they appear before the Commission at the next Conservation meeting on June 26th. The motion was seconded and accepted with a vote of 6-0-0.
Continued - Public Hearing - Notice of Intent – Franklin Sports Mall – Washington Street – SE159-923
Mr. Richard Goodreau, Engineer of United Consultants, and Mr. Stephen O’Neill, Principal for the project, both appeared before the Commission for the construction of a 61,200 sq. ft. sports facility.
Mr. Goodreau informed the Commission that since the last public hearing, there have been some modifications to the plan. There were questions and issues relating to the stormwater system for the site. A meeting has taken place with Vine Associates, the Town Engineer, the Conservation Chairman as well as the Conservation Agent. A number of issues were addressed and the plans have been revised and submitted to the Commission as a result of that meeting.
Mr. Goodreau stated that the plantings and the location of the flood storage area have been revised and 9 of the 14 proposed trees have been relocated outside the grove area. A planting list has been added to the plan at the request of the Commission at a previous meeting. The species has been relocated around the infiltration pond. A construction sequence has been added to the plan as well.
Mr. Goodreau stated that the applicant will be appearing before the Planning Board next Monday, June 16th.
The Commission Chairman stated that there was no one in the audience who had any issues regarding this project.
The Commission Chairman stated that the application has been submitted prior to the stormwater regulations having been changed.
A Commission member inquired as to what Special Conditions would be added to the Orders of Conditions when it is issued. The Chairman stated that typically it would be the Special Conditions for large projects.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 4-0-2; 4 Yes, 0 No, 2 Abstentions.
Public Hearing – Regulations & Filing Changes – Conservation Commission
There was a discussion among Commission members regarding the Regulations and filing changes for the Conservation Commission.
Mr. Alfieri informed the Commission that there are 5 basic changes to the regulations and filing changes, which are enumerated in his Agent’s Report.
Mr. Alfieri stated that he has previously sent copies of these to all Commission members and he is asking the Commissioners if they have any questions regarding these changes.
Mr. Alfieri requested that the Commission accept these changes by motion and vote.
The Commission Chairman asked if any Commission members have any comments regarding these changes. A Commission member stated that he had some comments and a discussion ensued regarding these concerns.
The Commission requested that Mr. Alfieri contact the Town Administrator and the Town Attorney for recommendations on how to proceed with making the necessary revisions to the Town Code so that the changes to the regulations and the filing change requirements can be met.
There was a motion to continue the public hearing on the Conservation Commission regulations and filing changes until July 17th. The motion was seconded and accepted with a vote of 6-0-0.
GENERAL BUSINESS
Certificate of Compliance: 5 Lily Waye – Cardinal – SE159-782
There was a discussion among the Commission members regarding the issuance of a Certificate of Compliance for this project. Mr. Alfieri informed Commission members that the site is in substantial compliance and recommends the issuance of a Certificate of Compliance.
There was a motion to issue a Certificate of Compliance for 5 Lily Waye. The motion was seconded and accepted with a vote of 6-0-0.
Permit Decision: Map 245 Lot 16 Pleasant Street - CE159-966
There was a discussion among Commission members regarding the issuance of Orders of Conditions for this project.
There was a motion to issue State and Local Orders of Conditions with 3 Special Conditions that native trees from the field can be transplanted as substitutes for the mitigative plantings depicted on the plan, that there be no storage containers, construction material and other debris located in the inner or outer riparian zone as a perpetual order and that concrete bounds with 4 inches exposed above grade shall be placed adjacent to the TOP 9 and then every 100 feet toward Pleasant Street adjacent to the mitigative plantings depicted on the plan. The motion was seconded and accepted with a vote
of 5-0-1; 5 Yes, 0 No, 1 Abstention.
Signed Certificate of Compliance & Orders of Conditions
Certificate of Compliance – 5 Lily Waye – Cardinal – SE159-782
Order of Conditions – Map 245 Lot 16 Pleasant Street – Thornhill - CE159-966
There was a motion to adjourn. The motion was seconded and accepted with a vote of 6-0-0. The meeting adjourned at 8:50 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
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